KWADDEY v. OKANTEY

Justice COUSSEY adjudicated a dispute in which the plaintiff sought to prevent the defendant from enforcing a Court of Appeal judgment obtained in 1959, asserting that an agreement reached in early 1965 had compromised the prior action and extinguished the defendants rights of execution. The judge recounted that the defendant had, for some time, pursued appointment as a magistrate, and in that pursuit copied to the plaintiff a letter to the Minister of Justice indicating he would not pursue his case in consideration of such an appointment. Disbelieving the defendants denial, the court found he requested G300 and accepted G200 to halt his litigation, creating a binding compromise. Applying Callisher v. Bischoffsheim and Miles v. New Zealand Alford Estate Co., the court held that such a compromise is good consideration, declared waiver of rights under the 1959 judgment, and issued a perpetual injunction protecting house No. F. 526/2, Christiansborg, with costs assessed to the plaintiff.